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(영문) 수원지방법원 2017.04.19 2016나68984
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

Suwon District Court 2010No. 189 against the defendant's plaintiff.

Reasons

1. Basic facts

A. Hojin L&C Co., Ltd. (hereinafter “S&C”) received a payment order (hereinafter “instant payment order”) from the Plaintiff as Suwon District Court Branch 2010 tea 189, and on April 1, 2010, the payment order was finalized around the time of the payment order (hereinafter “instant payment order”).

B. On May 13, 2014, Hojin L&C was declared bankrupt by Suwon District Court 2014Hahap31. On June 1, 2015, the Defendant transferred the monetary claim under the instant payment order from the trustee in bankruptcy of J&C, and notified the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3 and 4, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. On July 5, 2010, the Plaintiff’s assertion 1) The Plaintiff paid KRW 9,00,000 to the Defendant by means of settling promissory notes on J&C, and the Plaintiff’s assertion that the Defendant’s obligations were extinguished by either KRW 2,00,000,00 on November 23, 2015, KRW 10,889,924 on January 27, 2016, KRW 2,000,000 on February 17, 2016, KRW 10,000,000 on October 11, 2016, KRW 10,000,00 on December 10, 2016, KRW 10,465,347, and KRW 130,39,00 on October 13, 2016, the Plaintiff’s assertion that the obligations were extinguished by each of the instant period should be rejected.

B. 1) In full view of the Plaintiff’s repayment and deposit for repayment (A) evidence Nos. 5-1 through 3, Gap’s evidence Nos. 6 and 7, and the purport of the entire pleadings as a result of the first instance court’s response to the submission of financial transaction information to our bank, the first instance court, the Plaintiff’s payment order of this case is issued to Jinjin C.

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